What Are Marital and Date Rape Laws in Texas?

An overview of Texas laws regarding spousal and date rape charges and penalties

A pair of sex crimes warrant close examination when it comes to Texas criminal law. These are marital rape and date rape. Despite a notable amount of media attention paid to date rape, relatively little attention has been paid to marital rape laws.

Many people lack basic information about these two crimes, which is why we’ve provide a guide to understanding marital and date rape laws in Texas. If you or a loved one face a false charge of date rape or marital rape, contact a Texas defense attorney as soon as possible to protect your rights and avoid possible penalties.

Texas marital (spousal) rape law

In 1994, the Texas Legislature enacted a marital rape law. The statute permits criminal charges to be filed against a spouse for rape and other types of sexual assault. In addition, a person who contends that they were raped or sexually assaulted by their spouse can also pursue a civil lawsuit against them.

Common charges considered in alleged marital rape cases may include:

Sexual assault. Under Texas Penal Code 22.011, the accused may be charged with marital rape if the prosecutor has evidence that he or she knowingly and intentionally caused 1) penetration of the spouse’s anus or sexual organ…without his or her consent, 2) penetration of the spouse’s mouth with the sexual organ…without his or her consent, 3) the spouse’s sexual organ was penetrated or came into contact with the other party’s mouth, sexual organ, or mouth.

Aggravated sexual assault. Under Texas Penal Code 22.021, the accused may be charged with aggravated sexual assault if he or she 1) caused serious bodily injury, or attempted to cause his or her death (or the death of another party), 2) placed the spouse in fear of death, kidnapping, or bodily injury, 3) used one or more deadly weapons, 4) threatened to kill, injur, or kidnap the spouse, 5) used one or more date rape drugs to commit sexual assault on the spouse, or 6) the accused’s spouse is older than 65 years old, younger than 14 years old, or disabled.

Texas’ marital rape law doesn’t only apply to couples who currently are married. Rather, the law also extends to situations involving ex-spouses, as well as individuals deemed to be long-term intimate partners.

In Texas, marital can result from:

Force

Coercion

Threats

Incapacity

The penalties for marital rape are the same imposed upon a conviction for date rape or rape more generally. In Texas, marital rape is classified as a second-degree felony. Upon conviction a person faces a minimum of 2 years in prison and up to 10 years. A sentence can also include a fine of up to $10,000.

A person who is convicted of marital rape will be ordered to register as a sex offender. The period an individual convicted of this crime is required to register as a sex offender is determined by a judge at the time of sentence. Depending on the facts and circumstances of the case, registration may be required for a lifetime.

If a marital rape case involves significant violence resulting in serious injury, the crime charged may be elevated to marital aggravated sexual assault. This is a first-degree felony, with more serious penalties. A conviction for aggravated sexual assault is a minimum of 5 years in prison and up to a life sentence. The court can also impose a fine up to $10,000. A convicted defendant will be required to register as a sex offender and may have to remain registered for the rest of his or her life.

If a spouse is drugged as part of a nonconsensual sex assault, this is also classified as a first-degree felony. So-called “club drugs” are often used to render a person unable to consent to sexual activity. These include ketamine or roofies. This type of crime is considered aggravated sexual assault and carries those corresponding penalties.

Date rape law in Texas

Technically speaking, there is no such thing as specific date rape law in Texas. A date rape is charged and prosecuted in the Texas criminal justice system in the same way that any other rape case is pursued.

A date rape occurs when a victim contends that a person engaged in sexual intercourse without his or her consent. The alleged perpetrator is someone who is at least somewhat known to the victim. For example, the victim and alleged perpetrator may have been on a date or even be in a dating relationship.

When it comes to sentencing after conviction, date rape is classified as a second degree felony. A sentence is a minimum of 2 years in prison and up to 10 years. In addition, a fine of up to $10,000 can be imposed.

In a considerable number of date rape cases, the victim was drugged or intoxicated and incapable to giving consent. Date rape frequently involves the victim being “roofied” or incapacitated in another way. In other words, the victim was somehow given a drug like ketamine or rohypnol.

When a victim is unable to give consent due to alcohol or drugs, the charge against the alleged perpetrator becomes a first-degree felony. The sentence upon conviction is a minimum of 5 years in prison and up to life. A $10,000 fine can also be imposed.

A person convicted under Texas’ so-called “date rape law” will have to register as a sex offender. The registration requirement may extend for a lifetime.

What to do after a marital or date rape charge in Texas

If you are under investigation for marital rape or date rape, or if you’ve already been charged with such a crime, you need to take proactive steps immediately to protect your legal rights and freedom. You should schedule a consultation with a Texas criminal defense attorney who is highly experienced in representing clients in cases involving allegations of spousal or date rape.

Houston defense lawyer Matt Sharp charges no fee for your initial consultation and preliminary case evaluation. Do not submit to questioning by law enforcement until you first consult with our legal counsel.

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The Law Office of Matthew D. Sharp is a criminal law firm built around the basic goal of achieving the most positive results for our Texas clients. Our practice is founded on the principle of combining the undivided attention of a small law firm with the full-service abilities of a large firm.